TERMS OF SERVICE
Updated as of June 28, 2025
1. INTRODUCTION
These Terms of Service ("Terms") govern your access to and use of the services, including our website, applications, and other products and services (collectively, the "Services"), provided by Vaaria AI owned by Luminously Group ("Company," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. DEFINITIONS
"AI" means the artificial intelligence and machine learning technologies incorporated into the Services.
"Content" means any information, data, text, or other materials that you submit in to the Services.
"Output" means the color palettes, color structures, and related recommendations generated by the Services.
"User" or "you" means any individual or entity that accesses or uses the Services.
3. SERVICE DESCRIPTION AND MODIFICATIONS
3.1 Service Description
The Services use AI to analyze descriptions of businesses, services, or products or Content provided by Users and generate recommended color palettes and color structures for branding purposes. The Services are provided on an "as is" and "as available" basis.
3.2 Service Modifications
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, for any reason, and in any way, without notice or liability to you or any third party. This includes, but is not limited to, changing features, functionality, or content of the Services. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
3.3 Updates and Notice
We may update these Terms or any other policies governing the Services at any time by posting the updated version on our website or through the Services. Your continued use of the Services following any such update constitutes your acceptance of the changes. It is your responsibility to check our website periodically for updates. The posting of updated Terms on our website constitutes sufficient and complete notice to you of any changes.
4. ACCOUNT REGISTRATION
4.1 Account Creation
To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4.3 Age Restriction
You must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater, to use the Services. By using the Services, you represent and warrant that you meet this requirement.
5. USER RESPONSIBILITIES AND PROHIBITED CONDUCT
5.1 Compliance with Terms and Laws
You agree to use the Services only for lawful purposes and in accordance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
5.2 User Representations and Warranties
You represent and warrant that:
a. You have the legal right and authority to enter into these Terms
b. All Content you submit is accurate, current, and complete
c. You own or control all rights in and to the Content or have the right to grant the licenses granted herein
d. The Content does not and will not violate the rights of any third party, including intellectual property rights and privacy rights
e. The Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
f. The Content does not include any of your confidential information or sensitive information or personally identifiable information
5.3 Prohibited Activities
You shall not:
a. Use the Services in any manner that could disable, overburden, damage, or impair the Services
b. Use any robot, spider, or other automatic device to access the Services
c. Introduce any viruses, Trojan horses, worms, or other harmful material
d. Attempt to gain unauthorized access to the Services
e. Use the Services to infringe upon intellectual property rights
f. Submit Content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
g. Attempt to reverse engineer or extract the source code of the Services
h. Use the Services to generate or develop competing products or services
i. Scrape, data mine, or otherwise extract data from the Services except as expressly permitted
k. Circumvent, disable, or otherwise interfere with security-related features of the Services
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Company Intellectual Property
The Services, including all content, features, functionality, algorithms, formulas, methods, processes, and AI technology, are owned by the Company and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Services or our intellectual property.
6.2 User Content and Intellectual Property
You retain all ownership rights in and to your Content. Nothing in these Terms transfers ownership of your Content or intellectual property to us. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and display such Content solely for the purposes of:
a. Providing and operating the Services
b. Improving and enhancing the Services and our AI technology
c. Analyzing usage patterns and user behavior to optimize the user experience
d. Complying with legal obligations
This license is limited to what is necessary to operate and improve the Services and does not grant us the right to sell your Content or use it for purposes unrelated to the Services.
6.3 AI Output
The Output generated by the Services is provided for your use in accordance with these Terms. While you may use the Output for your branding purposes, we retain all intellectual property rights in the Output, AI technology, algorithms, and systems used to generate the Output. We grant you a non-exclusive, non-transferable, revocable license to use the Output for your internal business purposes.
6.4 Feedback
If you provide us with any feedback, suggestions, improvements, or recommendations regarding the Services ("Feedback"), you hereby assign to us all rights, title, and interest in and to the Feedback. We shall be entitled to use the Feedback without restriction or compensation to you.
7. AI-SPECIFIC PROVISIONS
7.1 Nature of AI Recommendations
The color palettes and recommendations provided by our AI are suggestions only and do not constitute professional design or branding advice. We do not guarantee that the Output will be suitable for your specific needs or purposes. You acknowledge that AI technology is inherently experimental and that the Output may contain errors, inaccuracies, or inconsistencies.
7.2 Non-Advisory Nature of Service
The Services are not intended to provide professional design, branding, or marketing advice. You are solely responsible for evaluating and determining the appropriateness of using or implementing any Output generated by the Services. You acknowledge that you are not relying on the Company for design, branding, marketing, or business advice.
7.3 Training and Improvement
You acknowledge and agree that we may use anonymized Content to train, improve, and develop our AI systems and Services. This may include using your Content to improve our algorithms, develop new features, and enhance the overall performance of our AI technology.
7.4 No Guarantee of Uniqueness
While our AI strives to provide personalized recommendations, we do not guarantee that the Output will be unique or that similar or identical color palettes will not be recommended to other Users. You acknowledge that multiple Users may receive similar or identical Output.
7.5 Beta Features
We may offer certain features of the Services as beta or experimental features. These features may not be fully tested, may contain errors or inaccuracies, and may be modified or discontinued without notice. Beta features are provided "as is" without any warranties.
7.6 Disclaimer of AI Output Responsibility
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE OUTPUT IS GENERATED BY ARTIFICIAL INTELLIGENCE TECHNOLOGY AND THAT WE TAKE NO RESPONSIBILITY WHATSOEVER FOR THE OUTPUT OR ITS CONTENTS. THE OUTPUT IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED. WE MAKE ABSOLUTELY NO PROMISES OR REPRESENTATIONS REGARDING HOW THE OUTPUT OR THE SERVICES WILL PERFORM, WHETHER THEY WILL MEET YOUR NEEDS OR EXPECTATIONS, OR WHETHER THEY WILL BE SUITABLE FOR YOUR INTENDED PURPOSE.
YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE OUTPUT. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS, ACTIONS, OR INACTIONS THAT YOU TAKE BASED ON THE OUTPUT. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY CONSEQUENCES RESULTING FROM YOUR USE OF OR RELIANCE ON THE OUTPUT.
8. CONTENT MODERATION
8.1 Monitoring and Enforcement
We have the right, but not the obligation, to:
a. Monitor the Services for violations of these Terms
b. Take appropriate legal action against anyone who violates these Terms
c. Remove or refuse any Content for any reason
d. Terminate or deny access to the Services to any User
e. Modify or discontinue all or part of the Services at any time
8.2 Content Standards
All Content must comply with these Terms and must not:
a. Violate any applicable law or regulation
b. Infringe any intellectual property rights
c. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
d. Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
e. Contain any material that is false, deceptive, misleading, or fraudulent
9. PRIVACY AND DATA PROTECTION
9.1 Privacy Policy
Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and disclose information from our Users.
9.2 International Transfers
As we operate globally, your information may be transferred to, stored, and processed in countries other than the country in which you reside. By using the Services, you consent to such transfers to the extent permitted by applicable law.
9.3 Data Security
We implement commercially reasonable security measures to protect your information. However, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.
9.4 Confidentiality
9.4.1 Mutual Confidentiality Obligations Each party agrees to maintain the confidentiality of the other party's Confidential Information and to not disclose such Confidential Information to any third party except as necessary to perform obligations under these Terms or as required by law. "Confidential Information" means non-public information that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
9.4.2 Company Obligations We will take reasonable measures to protect the confidentiality of your Confidential Information. However, you acknowledge that perfect security does not exist on the Internet, and we cannot guarantee that your Confidential Information will never be disclosed in a manner inconsistent with this confidentiality provision.
9.4.3 Exclusions Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to receipt from the disclosing party; (c) is rightfully obtained by the receiving party from a third party without restriction; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.
9.4.4 Duration The confidentiality obligations set forth in this section shall survive termination or expiration of these Terms for a period of one (1) year.
9.4.5 Disclosure Required by Law Nothing in these Terms prohibits either party from making disclosures required by law, subpoena, or court order, provided that the party required to make such disclosure gives the other party prompt written notice of the required disclosure and cooperates with the other party if it seeks to obtain a protective order or other appropriate protection.
10. THIRD-PARTY SERVICES AND LINKS
10.1 Third-Party Services
The Services may integrate with or contain links to third-party websites, services, or resources. We are not responsible for the content, privacy policies, or practices of any third-party websites, services, or resources. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites, services, or resources.
10.2 Third-Party Terms
Your use of any third-party services may be subject to additional terms and conditions provided by the third party. These Terms do not govern your use of any third-party services.
10.3 Disclaimer of Third-Party Services Responsibility
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE TAKE NO RESPONSIBILITY WHATSOEVER FOR ANY THIRD-PARTY SERVICES THAT MAY BE INCORPORATED INTO OUR SERVICES OR THAT MAY BE INVOLVED DURING THE PROCESS OF PROVIDING OUR SERVICES TO YOU. THIRD-PARTY SERVICES HAVE THEIR OWN TERMS AND CONDITIONS, PRIVACY POLICIES, AND PRACTICES OVER WHICH WE HAVE NO CONTROL.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SERVICES AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (A) THE AVAILABILITY, RELIABILITY, OR QUALITY OF THIRD-PARTY SERVICES; (B) ANY CONTENT PROVIDED BY OR THROUGH THIRD-PARTY SERVICES; (C) ANY FAILURES, DISRUPTIONS, OR ERRORS CAUSED BY OR RELATED TO THIRD-PARTY SERVICES; (D) ANY IMPACT THAT THIRD-PARTY SERVICES MAY HAVE ON OUR SERVICES; AND (E) ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF THIRD-PARTY SERVICES.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL HAVE NO RECOURSE AGAINST US FOR ANY ISSUES ARISING FROM YOUR USE OF THIRD-PARTY SERVICES.
11. PAYMENT TERMS
11.1 Subscription Plans
We offer the following subscription plans for the Services:
a. Month-to-Month Plan: A recurring monthly subscription that automatically renews each month until canceled.
b. Annual Plan: A recurring annual subscription that automatically renews each year until canceled.
11.2 Fees and Payment
Fees for the Services will be clearly disclosed at the time of purchase. By providing a payment method, you authorize us to charge you for the Services using your selected payment method.
11.3 Fee Changes
We reserve the right to change our fees and pricing structure at any time and for any reason. Any fee changes will apply to your next billing cycle. We may, but are not obligated to, provide notice of fee changes through the Services or via email.
11.4 Auto-Renewal
For Month-to-Month and Annual Plans, your subscription will automatically renew at the end of each subscription period unless you cancel it prior to the renewal date. By purchasing a subscription with auto-renewal, you authorize us to charge your payment method for the renewal term at the then-current rate.
11.5 Cancellation
a. Month-to-Month Plan: You may cancel your Month-to-Month Plan at any time up to the end of your current billing cycle. The cancellation will take effect at the end of your current billing cycle, and you will continue to have access to the Services until that time.
b. Annual Plan: You may cancel your Annual Plan at any time up to the end of your current billing cycle. The cancellation will take effect at the end of your current billing cycle and you will continue to have access to the services until that time.
11.6 No Refunds
All payments are final and non-refundable. We do not provide refunds for any unused portion of your subscription, partial use of the Services, or for any reason whatsoever, including if you cancel your subscription before the end of your billing cycle.
11.7 Payment Processing
Payments are processed through third-party payment processors. You agree to comply with their terms and conditions.
11.8 Taxes
All fees are exclusive of taxes, which may be added to the fees charged to you based on applicable law.
11.9 Delinquent Accounts
If payment is not received from your payment method, we may suspend or terminate your access to the Services. You will remain responsible for all fees and charges incurred before suspension or termination.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
12.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, SUITABILITY, OR APPROPRIATENESS OF THE OUTPUT GENERATED BY OUR AI OR ANY CONTENT ON OUR SERVICES.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR THAT THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS.
12.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.
12.3 Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
12.5 Limitation Period
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your Content; (d) your violation of the rights of any third party; or (e) your negligence or willful misconduct.
14. TERM AND TERMINATION
14.1 Term
These Terms shall remain in full force and effect while you use the Services and pay Services fees.
14.2 Termination by You
You may terminate your account and access to the Services at any time at your choosing through the Services.
14.3 Termination by Us
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. We also reserve the right to terminate or suspend your account if your account is inactive for an extended period.
14.4 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination does not relieve you of your obligation to pay any fees accrued or payable to the Company prior to the effective date of termination.
15. DISPUTE RESOLUTION
15.1 Informal Resolution
Before filing a claim against the Company, you agree to attempt to resolve the dispute informally by contacting us. We'll attempt to resolve the dispute informally by contacting you and discussing the dispute.
15.2 Arbitration
If the dispute cannot be resolved informally, you and the Company agree to resolve any disputes through binding arbitration in Vancouver, British Columbia in accordance with the rules of the British Columbia International Commercial Arbitration Centre. The arbitration shall be conducted in English by a single arbitrator. The arbitration will be conducted in the most expeditious and cost-effective manner possible.
15.3 Small Claims
Notwithstanding the foregoing, either party may bring an individual action in the small claims courts of Vancouver, British Columbia if the claim is within the jurisdiction of such court.
15.4 Injunctive Relief
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights or confidential information in any court of competent jurisdiction in British Columbia.
15.5 Class Proceedings Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
16. GOVERNING LAW AND JURISDICTION
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Province of British Columbia, without giving effect to any choice or conflict of law provision or rule. Subject to the arbitration provisions in Section 15, any legal suit, action, or proceeding arising out of these Terms or the Services shall be instituted exclusively in the courts located in Vancouver, British Columbia, and you irrevocably submit to the personal jurisdiction of such courts.
17. MISCELLANEOUS
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company regarding your use of the Services.
17.2 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. The failure of the Company to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17.3 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
17.4 Assignment
You may not assign these Terms without the Company's prior written consent. The Company may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.
17.5 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or strikes.
17.6 Contact Information
Questions about these Terms should be sent to us at: Info@luminouslygroup.com
17.7 Changes to Terms
We reserve the right to modify these Terms at any time and for any reason at our sole discretion. If we make changes to these Terms, we will post the updated Terms on our website or through the Services. The posting of updated Terms on our website constitutes sufficient and complete notice to you of any changes. Your continued use of the Services following the posting of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services. It is your responsibility to check our website periodically for changes to these Terms.
17.8 Export Control
You may not use or export the Services in violation of applicable export laws and regulations.
17.9 Geographic Restrictions
The Company is based in Canada and Services are provided for access and use globally. However, you are solely responsible for ensuring that your use of the Services complies with all applicable local, provincial, territorial, national, and international laws.
17.10 Publicity Rights
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines if it is explicitly provided to us.
17.11 No Agency
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind the Company in any respect whatsoever.
17.12 Notices
All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; and upon receipt, if sent by certified or registered mail, return receipt requested.